There is an anonymous saying that has been around since the 17th century: he who serves as his own lawyer has a fool for a client. We will not go so far as to say that failing to secure legal representation in a criminal matter is the act of a fool; we will say that doing so is a foolish act.
If you have been accused of a crime, you have two rights that we briefly touched on in last month’s article: the right to remain silent and the right to an attorney. As soon as you know that you are considered a suspect in a criminal investigation or have been arrested or detained in connection with a crime, you should immediately exercise both rights:
- Politely refuse to answer any questions until you have an attorney present
- Enlist the services of a criminal defense attorney
Even if your case seems open and shut, or if you know you are innocent of the charges, you should still hire a criminal defense lawyer to help you navigate the complexities of defending yourself against a criminal prosecution. Why do you need a criminal defense attorney? Here are a few good reasons.
A Criminal Defense Attorney Knows Case Law
You may think you understand the law(s) being cited in the charges against you, but even a simple law can be incredibly complex in its enforcement. In most places in the US, the legal principle known as “common law” applies.
In a common law system, simply understanding the text of a particular law or code section is not adequate. The interpretation and application of law in a common law jurisdiction also relies on “case law,” or the body of decisions about the law that various courts have made. In other words, even a basic, easily understood law can have a deep history of case law associated with it.
Your criminal defense attorney will know from their experience and training about the case law involved in your case and will know where to look to find precedents that can bolster your defense. They will know about other cases similar to yours, what the outcomes were, and how the decisions in those other cases can improve your chances of a better result.
A Criminal Defense Attorney Will Negotiate on Your Behalf
In many criminal cases, a favorable outcome is not a dismissal or acquittal. When the prosecution has ample, solid evidence against you, your best choice may be a plea agreement, also known as a plea bargain or plea deal.
In a plea agreement, you agree to plead guilty to the charges against you or, more commonly, a lesser charge and receive and serve a reduced sentence. Plea agreements are popular and common because they allow cases to be dispensed quickly without tying up significant court and prosecutor resources.
A criminal defense lawyer will know how to negotiate with the prosecution and find ways to encourage them to offer a plea deal. Your attorney may find weaknesses in the prosecution’s evidence, leverage a crowded court calendar, or use other tactics to entice a favorable plea bargain.
A Criminal Defense Attorney Knows Courtroom Procedure
If you have watched every episode of every courtroom drama ever aired, odds are pretty good that you still have a very poor idea of what real-life courtroom procedures look like. While TV and movie courtrooms are set up for maximum drama and explosive climaxes, actual courtroom procedure seeks to limit the amount of drama involved in the proceedings. Badgering a witness, dropping in unexpected testimony at the last minute, or getting into a shouting match with the prosecutor may be staples of fictional courtrooms but are a one-way ticket to a contempt of court charge in a real-life courtroom.
Even if you are entirely innocent of the charges against you, violating courtroom procedure can lead to significant legal repercussions. A criminal defense attorney knows the court’s specific practices and procedures and can help keep you on track during the trial. They will also know any idiosyncrasies of an individual court or judge and can help you avoid pitfalls that could cause a judge to view your argument less favorably.
A Criminal Defense Attorney Knows How to Challenge Evidence
The rules regarding the collection, transfer, maintenance, and possession of evidence are incredibly strict. Any violation of these rules can taint one or more pieces of evidence in your case, weakening the prosecution’s argument and opening the doors to a dismissal, acquittal, or favorable plea bargain.
For instance, did you know that every piece of admissible evidence in a trial must have an unbroken “chain of possession” from the moment it is collected until the case is adjudicated? If there are any gaps in the record showing who had possession of the article, that evidence is inadmissible and cannot be used against you.
Your criminal defense attorney will know how to look at the prosecution’s evidence, uncover any irregularities, and offer the correct legal challenges to get inadmissible evidence dismissed.
A Criminal Defense Attorney Can Offer Support
If you are facing a criminal prosecution, you are likely experiencing considerable stress, anxiety, fear, anger, or other powerful emotions that can make getting through daily life difficult. Your criminal defense lawyer will help support you through the entire process:
- They can provide you with realistic, reliable assessments of your case’s status to help you better understand how things are progressing
- They can offer you best-case and worst-case examples of potential outcomes to help you control both your fears and your expectations
- They can provide reassurance when new developments emerge in your case
- Many can also connect you with professional counselors who can help you manage your stress and anxiety and allow you to live a more normal life until your case is concluded.
Were you arrested in Macon, Georgia? Call Bushway Law Firm: 478-621-4995.
Gregory Bushway is a former prosecutor who has successfully served as a criminal defense attorney in Macon, Georgia, since 2013. He knows the state and federal court systems and has helped hundreds of defendants reach successful outcomes for their cases. Tell us about your case today: 478-621-4995
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